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tv   [untitled]    July 27, 2012 5:00am-5:30am PDT

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issues within the planning code related to the northeast areas of town. i do have teterboro small clerical amendments on top of the clear goal modification -- two small clear commitments on top of the modifications. page 24, it should refer to subsection 5. and then on page 39, line 24, that section has been deleted. first, i would like to ask if you could first adopt those amendments. supervisor campos: can we have a second? seconded by supervisor mar. could we take that without objection? without objection. any comments or questions on items 44 through 46? supervisor olague. supervisor olague: i would like to add my name to a co-sponsor
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-- as a co-sponsor of 44. supervisor campos: these pass on the first reading. president chiu: what do we go to roll call for -- why do we go to roll call for introduction? supervisor chu, supervisor kim. supervisor kim: i am introducing a resolution to form a citizen's advisory committee for the golden state warriors arena project. any development they might want to commit to. we are following through with the strong commitment to ensure the committee members who have expressed a small car -- a strong desire to advise and the mayor's office on workforce
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development and the board of supervisors on this proposed waterfront plan. this calls for a member -- 15 member committee comprised of the majority of residents and small business owners located adjacent to the project as well as representatives from various specific -- of specific expertise such as youth programs, housing and open space, labor, maritime uses, and the environment. the board intends to appoint this in august and we look forward to working closely with the port. the warriors are under a specific time line if they are open -- able to open this a win in 2017 and that is why we are rushing to form a cac to advise and give feedback on this project. we are putting this resolution force today. the resolution also states our intention to have regular hearings once a month and also that every six months that we
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would receive a project update from city staff, the warriors, and the cac, so we can hear from the public as well. the rest i submit. >> thank you. supervisor wiener. supervisor wiener: submit. >> thank you. president chiu: on her behalf and per correspondence, the clerk of our board has advised -- is introducing a motion to establish a process in accordance with charter section 15.105 for the misconduct meetings. the court has provided counsel. the motion will be placed on our adoption without committee reference portion of our agenda next week. where -- we are free to discuss it next week and demand it if we
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so desire. this outlines the process as follows that is similar to our regular land use appeals. first, the process would begin by providing the ethics commission with an opportunity to make an oral presentation exploiting recommendations and should the commission choose to make such a presentation, it should not exceed 20 minutes. then, the parties would be provided with an opportunity to make oral presentations to the board as follows, first as the charging party, the mayor would go first with a presentation not to exceed 20 minutes. the sheriff will make a presentation not to exceed 20 minutes and the mayor will have an opportunity to respond to the presentation, not to exceed five minutes, followed by public comment which will then be followed by deliberations by the board and a final decision. with that, i will submit other matters. >> thank you, mr. president. supervisor campos. supervisor campos: thank you and i would like to first shot about
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a resolution that i am introducing and i would like to thank supervisor olague, of dallas, cohen, and more for their co-sponsor ship. when an immigrant parent is detained on immigration charges for that parent is subsequently deported, very often that parent leaves behind a child in this country and that child tends to be a u.s. citizen. unfortunately for that child, the child is no longer able to see that parent. many times, a family members of the deported parent including the other parent, him sell for herself would like to take custody but because of the way the law works right now, that family member including the parent of that child is deemed unfit. because of their undocumented
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status, their immigration status. the sad thing is that when family members are deemed unfit, the court -- courts proceed to determine the child is abandoned. that leads to the termination of parental rights for that parent that has been double -- deported. one in four children is the child of an immigrant. if you look at the numbers, recognize the significance of this issue. the resolution that i am introducing is a resolution that supports two pieces of legislation. california bill sb 1064 and federal bill h.r. 6128 whose primary objective is to keep families together in these kinds of situations where a parent is placed in an immigration proceeding. these pieces of legislation
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would do the following. that would make immigration status irrelevant for determining the placement of a child. it makes foreign forms of identification valid in potential proceedings including proceedings that require background checks. it actually extends the hearing time and custody -- in custody cases so that when a parent who is undocumented is deported, the loss of parental rights does not happen as expeditiously as it happens right now. it also creates an agreement between local governments and foreign consulates to achieve family reunification. at the end of the day, all of us should try to get to resolve that is in the best interest of the child. the legislation provides waivers and certain requirements
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that deal with the placement of the child. it would also prevent welfare agencies from filing proceedings against the parental rights of the parent. let me give you an example of something that happened in 2007. >>the mother of a child was of guatemalans dissent and had a 7- month-old child. the child's name was carlos. this woman was working at a missouri poultry plant that was then raided by immigration. she was detained on charges of immigration violation. soon after that detention and after the raid, what happened was her parental rights with respect to carlos were terminated essentially.
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the child was taken in for some time by a couple that was approached by this mother to see if they could help. the couple without the mother's knowledge proceeded to then six other couples that could adopt the child and in fact, the child was subsequently adopted by another couple in missouri without the knowledge or involvement of this mother. the courts then proceeded to rule that even though this mother was detained in voluntarily, she was deported not by choice, that she legally had abandoned her child. a long series of proceedings took place but essentially we are today is that the child in question is no longer named carlos. his identity is completely different. this mother who was deported was deemed to have abandoned her
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child. even though she had no choice in her deportation. that is what this legislation was trying to address. i want to thank my colleagues for their cause sponsorship. the second issue is an important one that we have spent a great deal of time discussing here at the board of supervisors. that is the issue of the health care security ordinance. specifically the loophole that i tried to address to the legislation passed by this board and vetoed by mayor lee. as you may be aware, on july 19 of this year, a few days ago, the civil grand jury released a report entitled "surcharges in healthy san francisco: healthy for whom?" owners are benefiting by
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surcharges on restaurant bills. the many -- money is pocketed by many of these businesses. the report calls upon the city and county to disallow the use of surcharges to pay for employer mandates on the health care security ordinance and paid sick leave loss and calls upon the district attorney to begin an investigation of possible consumer fraud by these businesses. the report concludes that a loophole continues with respect to the health and security ordinance in -- and that loophole continues to cause problems for employees attempting to utilize the healthy reimbursement accounts they are -- a health reimbursement accounts they're entitled to under law. the report found employers retain the vast majority of these funds, the vast majority of funds that were supposed to go to employee health care are pocketed by these employers. the reimbursement -- reimbursement rate for privately
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administered hra's is lower than the accounts managed by healthy san francisco. employers with two or more have a difficult time navigating the rules, that hra's may be unlawful under the federal affordable care act and the financial incentive to retain unspent funds can be in and of itself a motivating factor for businesses, for employers to restrict employee access to these funds. by having to submit a personal medical invoices to their employers to be reimbursed, employees are forced to reveal their medical history and current health conditions to their employers. the civil grand jury recommends that the city disallow the employer use of hra's to meet the employee's spending
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requirement. the purpose of this hearing is to call for a hearing of some of the issues that have been raised by the civil grand jury that expressly says the compromise that was introduced, improve, -- approved, and supported by the members of this board and mayor lee has not closed the loophole. i am asking the question to what extent does the ordinance no. 232-11 which was authored by supervisors cohen and president chiu and signed into law, the extent to which those amendments to the health care security ordinance actually address the concerns raised by the civil grand jury report and to what extent they fail as the report concludes to actually close the loophole. in addressing this question, i would ask to review the office of labor standard and employment
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report on the 2011 employee reporting forms and i request that the clerk of the board for this hearing request to the director of the department of public health, the city attorney, and district attorney, and finally, i call upon the district attorney at the request and as was noted by the civil grand jury to begin an investigation of possible fraud against consumers in the city and county of san francisco by businesses that charge money supposedly to pay for health care when in reality, they continue to pocket that money. the last thing i would say it on a different matter is simply ask respectfully mayor lee and his administration not to continue to pursue this proposal for this idea of stop and frisk. this board has been very clear about the fact that we value and respect the constitution of the united states.
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at its core, stop and frisk is a proposal that cannot be implemented constitutionally. it is a proposal that on its face and -- requires a definition, the violation of people's constitutional rights. we want to ask the mayor abandon the proposal. the rest submit. >> thank you. supervisor mar. supervisor mar: thank you. some of you know i have been helping to convene and support and build a coalition of students and community members that are supportive of sitting city college. i know that we're meeting tonight at 6:00 p.m. at 350 rhode island to build support for the process to make sure that we get the college accredited so we do not lose the accreditation that 90,000 students in our city rely on and the community college system is the largest in the state and one of the largest in the nation. i am working closely to make sure that we have the support
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for the interim chancellor and the trustees of the college board but especially building student and community support for the system. i am introducing a resolution at the board urging support from city and state officials to support our community colleges and especially looking for additional revenue sources. i wanted to let you know that on the imperative agenda will be a resolution i have introduced today to declare july 24, 20 of the 30th anniversary of when this unique small business adhahn clemons street and third avenue. it is a family owned and operated businesses -- business located in the heart of the inner richmond district at 401 clemons. it has provided a unique experience of having home style food, beverages, pastries, deserts, and i scream served while being surrounded -- ice-
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cream served while being surrounded with the incredible decoration from the 1950's. some adults try to sit on the mechanical pony. he has been an outstanding advocate. leading the merchants association and championing schools. toy boat has been welcome to me, but we spend time catching up with our neighbors, eating breakfast and lunch, chatting with friendly staff and also enjoying a hot fudge sundaes with a rainbow sprinkles. i hope you can join us at 6:00 p.m. for the 30th anniversary at to about -- toy boat. i urge you to join us on this
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imperative item coming up. supervisor olague: i wanted to submit a resolution that would urge the commission of the housing authority to hold its meeting at city hall and broadcast them for greater access trade as some of you know, the housing authority provides housing to approximately 30,000 people and it seems to me most commissions that oversee housing for that number of residents of the city should be accountable to the general public. people should know what decisions they're making. those decisions have great impact on a large number of residents in the city. i just want to continue to urge the housing authority to seriously consider relocating in order to have their meetings televised and broadcast to
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insure accountability. i wanted to thank supervisors campos, chu, kim, and mar for cosponsoring that. i will be introducing legislation that would establish a named district along divisadero. we have had a couple of meetings with merchants, we plan to spend most of the august meeting with more merchants and residents. divisadero is establishing itself in a very unique way. it seems that now's the time to start reflecting on how that district or that street will move forward. some of the considerations that are being given is to rethink a second floor uses and an existing non residential building. we have been -- we have approached sf made in the hopes
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of bringing in a different employment to bring in art is at all uses -- artisanal uses. they -- in some ways, they have been affected by activity in the mid market area. many of their clients are looking to relocate in other parts of the city. also in the northeast mission industrials down, there is not enough space to accommodate the needs that some of the small scale manufacturers have. i'm not saying that we will create another manufacturing district in the heart of the nc's but i never find a way, as riser =--- supervisor chu said, making sure they integrate in a
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respectful way. that some of these uses can be considered. also, we would be establishing some good neighbor policies around liquor store uses and some of those other issues that what i think have a positive impact on public safety. again, we're starting our meetings, we will see how this looks at the end of the day. at least want to start the conversation before the break. those two i will be submitting today. >> thank you. seeing no other names on the roster, that concludes roll- call for introductions, mr. president. president chiu: let's go to general public comment. >> public comment will not be
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allowed on those items that have already been subject to public comment at a board committee. speakers using translation assistance will be allowed twice the time to testify. if a member of the public would like the document to be displayed, please clearly state such and remove the document when you would like the screen to return to live coverage. president chiu: we do have a number of special accommodations so i would like to do a few minutes of general public comments and then go to special accommodations and come back. first speaker, please. >> [speaking foreign language]
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ladies and gentlemen, yesterday used to being july 23. july 23 is very good day for the egyptian people.
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on july 23, 1952, some gentleman, he make a revolution to my country. i still love him, i still fight for him. but look, when he died, they don't give more than $1 on his account. that is -- the decatur -- dictator has $620 billion he is telling for my country. i hope the gentleman, he is coming here in oakland, i hope to see him in september. at least have a chance to give welcome. very warm welcome to our new
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president. not only that, a request for one of the three people i have to have courage. and our president, barack obama to san francisco. san francisco still loves him. our supervisors, [unintelligible] and to bring obama to support him because he has courage better than the other people like the other republican. thank you. president chiu: thank you. next speaker. >> stop the corporate rate of
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the public library. do not accept money from the friends of the library. the influence of private money on our politics has the power to destroy democracy and destroy public policy. not everyone knows that private money comes from public assets being converted to a private income stream. we know from reports submitted to the california state attorney general that the friends of the library had income of $40 million and expenditures of $48.10 million in the past 11 years. we know from reports required by the san francisco administrative code that over the same 11 years the friends of the library gave $4.90 million to the public library for any purpose. at its recent meeting, the admitted in the most recent year, three at 9000 of its funds to benefit the library were restricted and 441,000 were not restricted. in 2011, the net assets went
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from $11.10 million to $8.90 million. just the deficit spending was five times their donation of unrestricted funds. who would give money to such an organization that the city allows this organization to sell many opportunities in 24 city facilities without any agreement. for being allowed to raise public money without any agreement with the city because it would not answer questions about their finances before your finance committee is giving them permission to convert public assets to a private income stream. it also gives them a motive to use secrecy and abusive -- abuse of the public to conceal the fact they are parasites on the community and our institutions. is this harm to the community and damages to our reservoir of social trust and moral capital that causes our lives to be more -- worth more than the
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money. president chiu: thank you. next speaker. >> i have a number of documents i will put up and i would like it to remove -- remain on the screen until i remove the final document. president chiu: sfgov tv. thank you. >> board of supervisors members have received an article titled "who killed sunshine?" i i would recommend anyone who has concerns about civil liberties and their constitutional rights get a copy and read it. the primary culprit is shown but you share in the disgrace. know your rights under the sunshine ordinance is printed on every agenda. one of these rights is to submit a 150 word summary of
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your public testimony which is supposed to be included in the minutes. i have four orders of determination. finding the library commission in violation, fighting the city library -- librarian in violation, finding the ethics commission in violation, and 11071, finding the city attorney in violation. i also have not enough time to do it, referrals to the district attorney, the city attorney, and the ethics commission. what do i -- what all sound francisco citizens have. a board of supervisors which has shown no respect for the constitution, particularly the first amendment which guarantees free speech and the right to petition government for